Court : Supreme Court of India
..... of administrative discretion. accordingly, in delegating powers to an administrative body with respect to the administration of statutes, the legislature must ordinarily prescribe a policy, standard, or rule for their guidance and must not vest them with an arbitrary and uncontrolled discretion with regard thereto, and a statute or ordinance which is ..... section 184 was inserted to bring uniformity and with a view to harmonise the diverse and wide-ranging qualifications and methods of appointment across different tribunals carries weight and, in our view, needs to be accepted.149. cautioning against the potential misuse of section 184 by the executive, it was vehemently argued by ..... 1971) 1 scc39647 president made under article 217(3). the courts, however, do not sit in appeal over the judgment of the president or decide the weight to be attached to the evidence which is entirely within the domain of the president. reading of the above decisions exposit that finality of decisions under the .....
Tag this Judgment!Court : Supreme Court of India
..... a) the practice of making any statement, whether in writing or by visible representation which, (i) falsely represents that the services are of a particular standard or grade; (ii) represents that the promoter has approval or affiliation which such promoter does not have; (iii) makes a false or misleading representation ..... imposing certain responsibilities on both. it seeks to establish symmetry of information between the promoter and purchaser, transparency of contractual conditions, set minimum standards of accountability and a fast-track dispute resolution mechanism. induct professionalism and standardisation in the sector, thus paving the way for accelerated growth and ..... buyers by developers cannot, from an accounting perspective, be treated as financial liabilities and the amendments 26 in doing so, therefore, violate the aforesaid standards and become manifestly arbitrary. also, after going into the definition of claim , financial debt and operational debt , he argued that a financial .....
Tag this Judgment!Court : Delhi
..... private individuals which might be detrimental for freedom of trade. competition law in india aims to achieve highest sustainable levels of economic growth, entrepreneurship, employment, higher standards of living for citizens, protect economic rights for just, equitable, inclusive and sustainable economic and social development, promote economic democracy, and support good governance by ..... manner explain why a casting vote is conferred on such individual member.163. the court further is of the opinion that the principle of equal weight for the decisions of each participant of a quasi-judicial tribunal is undoubtedly destroyed by section 22(3) and further that the provision is incapable of ..... or any member characterized by any appellation is conferred a second or casting vote. the principle of each member s opinion and view carrying the same weight is destroyed in such instance.162. in the considered opinion of this court, there can be no two opinions that a casting vote, which potentially .....
Tag this Judgment!Court : Supreme Court of India
..... the executive to take flexible but reasoned decisions grounded in primary legislation; and c) the ability of the judiciary to apply statutory interpretation and consistent standards of judicial review to give effect to environmental rights and principles. 133 in 2015, the international community adopted the 2030 agenda for sustainable development and ..... a broadening of the notion of sustainable development which is the most dominant theme of environmental literature, from a need-based standard65 to a standard based on freedoms.66 thus recharacterized, it encompasses the preservation, and when possible even the expansion of the substantive freedoms and capabilities of people ..... the 2006 notification, based on substantial or proportionate compliance with the terms stipulated in the notification. the terms of the notification lay down strict standards that must be complied with by an applicant seeking an ec for a proposed project. the burden of establishing environmental compliance rests on a .....
Tag this Judgment!Court : Supreme Court of India
..... women and degradation of their status. the society has to undergo a perceptual shift from being the propagator of hegemonic patriarchal notions of demanding more exacting standards of purity and chastity solely from women to be the cultivator of equality where the woman is in no way considered frailer, lesser or inferior to ..... need not be acceptable, logical, consistent, or comprehensible to others in order to merit first amendment protection the indiana court also appears to have given significant weight to the fact that another jehovah s witness had no scruples about working on tank turrets; for that other witness, at least, such work was scripturally ..... 157 provided by communities, or whether the constitution individuals, as constitutive units worthy of equal concern and respect.158 the distinction is crucial, because the weight that must be accorded to group integrity, even at the cost of blocking individual access to important public goods, can only be determined by deciding which .....
Tag this Judgment!Court : Supreme Court of India
..... itself as well as the offence of adultery more broadly. the history of adultery throws light upon disparate attitudes toward male and female infidelity, and reveals the double standard in law and morality that has been applied to men and women.20 15 throughout history, adultery has been regarded as an offence; it has been treated as ..... offence of adultery ought not to be omitted from the code, we would limit its cognizance to adultery committed with a married woman, and considering that there is much weight in the last remark in note q, regarding the condition of the women, in this country, in deference to it, we would render the male offender alone liable ..... to believe to produce continues its never failing effects on the happiness and respectability of women, we are not inclined into a scale already too much depressed the additional weight of the penal law. we have given the reasons which lead us that any enactment on this subject would be nugatory. and we are inclined to think that .....
Tag this Judgment!Court : Supreme Court of India
..... conceptual foundation for legislation protecting privacy. the framework suggested by the expert group was based on five salient features: (i) technological neutrality and interoperability with international standards; (ii) multi-dimensional privacy; (iii) horizontal applicability to state and non-state entities; (iv) conformity with privacy principles; and (v) a co ..... choices that exist and have to be made are real, not illusory. in particular, the choice of priorities between different identities, including what relative weights to attach to their respective demands, cannot be only a matter of discovery. they are inescapably decisional, and demand reason-not just recognition. 455 ..... equally important because the security of biometric systems should be questioned in case of high false accept rates. this element should be given sufficient weight in the decision to implement a biometric system for security purposes other tests clearly indicated increased error rates for young persons, in case of .....
Tag this Judgment!Court : Delhi
..... and are working in various scheduled to recommend/suggest revision wp(c) 5217/2017 & connected matters page 141 of 218 employments to give them dignified and sustainable standards of living therefore, mohala clinics and free hospitals services cannot be the criteria for considering revision of minimum wages. (emphasis by us) these significant changes have ..... officers thoroughly, their weaknesses as well as their strength. his opinion as regards their suitability for selection to the all- india service is entitled to great weight. but then under the circumstances it was improper to have included naqishbund as a member of the selection board. he was one of the persons to be ..... looking at the composition of the board and the nature of the duties entrusted to it we have no doubt that its recommendations should have carried considerable weight with the upsc. if the decision of the selection board is held to have been vitiated, final recommendation made by the commission must also be held .....
Tag this Judgment!Court : Delhi
..... 2013 page 5 of 68 the ministry s circular dated 20th september, 1975 7. in view of growing criticism, in parliament, press and elsewhere of the low standard of organized sports and games, which adversely impacted the image of the country abroad, in international meetings and tournaments, and in order to initiate expeditious necessary remedial ..... the country desired to justify, and claim, autonomy. at the congress, it was resolved that all members of the olympic movement should adopt, as their minimum standards, the basic universal principles of good governance of the olympic and sports movement , as proposed by the ioc. para 5 of the letter noted that the following ..... the nsci dealt with recognition of nsfs, and set out the purpose, thereof, in sub-para 8.1, as to ensure that nsfs maintain certain basic standards, norms and procedures with regard to their internal functioning, which conform to the high principles and objectives laid down by the concerned international federation, and which are .....
Tag this Judgment!Court : Supreme Court of India
..... the public must be accessible, approachable and act in a transparent manner. thus, the elected representatives must display constitutional objectivity as a standard of representative governance which neither tolerates ideological fragmentation nor encourages any utopian fantasy, rather it lays stress on constitutional ideologies. (iii) constitutional ..... form of presumption of purpose that applies immediately, throughout the process of interpreting a constitution. it is not, however, decisive. its weight is substantial immediately following the founding, but as time elapses, its influence diminishes. it cannot freeze the future development of the constitutional ..... the state's social values and aspirations. in giving expression to this constitutional uniqueness, a judge interpreting a constitution must accord significant weight to its objective purpose and derivative presumptions. constitutional provisions should be interpreted according to society's basic normative positions at the time .....
Tag this Judgment!